Kerala High Court issues notice to ex-DGP Tomin Thachankary over continued use of official insignia

The Kerala High Court on Monday issued notice to former Director General of Police (DGP) Tomin J Thachankary on a petition over his continuing use the official 'Silver Star' DGP insignia on his private vehicle even after retiring from service [CT Muneer v State of Kerala & anr].

Justice G Girish also directed the State to get instructions on the matter.

The petition was filed by activist CT Muneer challenging a May 14 order of the Judicial First Class Magistrate at Thamarassery who had refused to entertain his private complaint and dismissed it at the initial stage.

According to the petitioner, Thachankary, who retired as DGP on July 31, 2023, continue to display the official 'Silver Star' number plate on his private vehicle even after his retirement.

The same is reserved for serving DGP, it was contended.

The petitioner stated that on April 22, a journalist allegedly saw Thachankary arrive at a vigilance court in Kottayam in his private vehicle, bearing the insignia, portraying himself as the serving police chief and enjoying the respect and privileges attached to the post.

He claimed that such conduct amounted to offences of personation and cheating under the Bharatiya Nyaya Sanhita (BNS).

Despite approaching the Mukkam Police and later the Superintendent of Police of Kozhikode, no first information report (FIR) was registered, compelling the petitioner to initiate a private complaint before the magistrate.

However, the magistrate dismissed the complaint holding that the allegations did not prime facie make out the offences under Sections 204 (personating of a public servant) and 319(2) (cheating by personation) of the BNS.

The magistrate observed that mere display of the official DGP insignia, without any allegation that Thachankary exercised or attempted to exercise official powers, would not amount to an offence under Section 204 BNS.

The magistrate further said that even the offence under section 319(2) BNS was not attracted since the complaint did not show any dishonest inducement or wrongful gain resulting from the alleged representation.

The petitioner then approached the High Court contending that the magistrate mechanically dismissed the complaint without properly examining whether the facts disclosed any cognizable offence or whether an investigation ought to have been ordered.

Advocates PV Anoop, Phijo Pradeesh Philip, Junaid VS and M Abhijith Krishnan appeared for the petitioner.